Prava domorodaca na resurse: Zašto se (ne) mogu opravdati?
INDIGENOUS PEOPLES’ RIGHTS TO RESOURCES: WHY THEY CAN(NOT) BE JUSTIFIED?
Author(s): Milan VardaSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Fakultet političkih nauka Univerziteta u Beogradu
Keywords: indigenous peoples; right to resources; attachment principle; redistributive justice; liberal egalitarianism
Summary/Abstract: This Article is exploring weather indigenous peoples should have the right to control the resources belonging to the territories that they populate. The article explains why statist argument, according to which resources should belong to the state, is not justifiable. The article also presents why self-determination is not a proper principle for justifying indigenous peoples’ rights to resources either. Therefore, the article claims that the attachment principle is the way to justify these rights. The article explores certain issues with this principle and proposes the ”limited attachment principle” as a solution. Therefore, the article’s claim is that rights to resources of indigenous peoples can be justified only if the territory on which resources are based is essential for pursuit of people’s life-plans, and if that pursuit does not impede basic human rights of others.
Journal: Godišnjak FPN
- Issue Year: 16/2022
- Issue No: 28
- Page Range: 79-92
- Page Count: 14
- Language: Serbian